How To Pefect The Punishment System Under Lenient And Sever Criminal Policy

The fourth plenary session of the sixteenth of Communist Party of China firstly put forward and expounded the theme that "build a harmonious socialist society," under this background, how to use the criminal policy and penal system to maximize services for building a socialist harmonious society is a problem before us. The lenient and severe criminal policy has been brought forward. With lenient and severe criminal policy as the guiding ideology and constantly improve our penal system, so we not only assure to combat against crime, at the same time to achieve the unity of legal and social effects.Except preface and epilogue outside, this article is divided into the following three parts:The fist part: The outline of lenient and sever criminal policy. This section mainly discusses summarize of the criminal policy, the establishment and definition of lenient and severe criminal policy. These three aspects of content linked together, research summary is the logic starting point of lenient and severe criminal policy and penalty system reform, explicit the establishment and meaning of lenient and severe in China is of great significance to guide the penalty system reform.The second part: The relationship between lenient and severe criminal policy and penalty system. This section mainly discusses the dialectical relationship between criminal legislation and criminal policy, and the guidance on penal system from the criminal policy of lenient and severe, and the principles of the penal system under the criminal policy of lenient and severe. The criminal policy guidance and adjustment criminal legislation, criminal legislation is the unbridgeable gap of criminal policy; when social change, the penalty system needs to be modified, should with lenient and severe criminal policy as the guiding ideology. Mitigation is to improve the focus of our penal system, which is for human rights, modesty of criminal law, the requirements of the economy; severe is indispensable part of China to improve the penal system, which is to safeguard the common interests of society, and meet the last of the requirements of penalties.The third part: The defects and improvement of the penal system in China in under the vision of the criminal policy of lenient and severe. This section mainly discusses The defects and improvement of the penalty structure ,the defects and improvement of the sentencing system, the defects and improvement of the execution system, specifically from death penalty, freedom penalty, property penalty, qualification penalty, recidivism system, probation system, parole system, etc, and aspect put forward my own proposals.